Krishna Murari, J. - (1.) Heard Sri Mahendra Pratap, Teamed Counsel for the petitioner and Sri Awdhesh Rai, learned Counsel for the respondent No. 3.
(2.) This petition arises out of chak allotment proceedings. The petitioner and respondent No 3 are real brothers. It is alleged that both of them entered into a family settlement and plot Nos. 153 and 166 was allotted in the share of the petitioner. At the stage of preparation of Statement of Principles the said two plots were valued and no objections were filed by any person. During chak carvation at the stage of Assistant Consolidation Officer the petitioner was proposed two chaks including plot Nos. 166 and 153 which are his original holding and certain other plots. The petitioner was satisfied with the proposed allotment as such no objection was filed by him." However, respondent No. 3 filed an objection stating that his chak may be made rectangular after abolishing one of the chak of the petitioner. The Consolidation Officer dismissed the objection. Respondent No. 3 preferred an appeal which partly allowed by the Settlement Officer Consolidation vide order dated 31.3.1986. The Settlement Officer Consolidation allotted three chaks to the petitioner. Respondent No. 3 as well as petitioner both preferred revision. The Deputy Director of Consolidation vide order dated 31.3.1987 allowed the revision filed by respondent No. 3 and dismissed the revision of the petitioner.
(3.) The Deputy Director of Consolidation held that since plot No. 153 is abadi as such there is no justification to value the same and accordingly, made it chak out. The other plot No. 166 was also taken out from the chak of the petitioner and instead he was allotted plot Nos. 167 and 185 which were not his original holding.;